Section 2 of The National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019
Definitions.
In this Act, unless the context otherwise requires,--
- (a)“resident” means a person having physical possession of property on the basis of a registered sale deed or latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration in respect of a property in unauthorised colonies and includes their legal heirs but does not include tenant, licensee or permissive user;
- (b)“unauthorised colony” means a colony or development comprising of a contiguous area, where no permission has been obtained for approval of layout plan or building plans and has been identified for regularisation of such colony in pursuance to the notification number S.O. 683(E), dated the 24th March, 2008 of the Delhi Development Authority, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 24th March, 2008.
Summary
- This physical possession must be based on a registered sale deed, latest Power of Attorney (a document giving legal authority to act on another person's behalf), Agreement to Sale, Will (a legal document stating who gets a person's property after they die), possession letter, or payment proof.
- The definition of resident includes their legal heirs (family members who legally inherit a person's property) but specifically excludes tenants, licensees, and permissive users.
- It defines unauthorised colony as a contiguous (touching or joining) area of development that has no approved layout or building plans.
- The unauthorised colony must be identified for regularisation (which means legal recognition by the government) under the Delhi Development Authority's notification number S.O. 683(E), dated the 24th March, 2008.
- This 2008 notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii).
Practical examples
FAQ
1. Who qualifies as a resident under Section 2?
A resident is a person having physical possession of property in an unauthorised colony based on a registered sale deed, latest Power of Attorney, Agreement to Sale, Will, possession letter, or payment proof, and includes their legal heirs.
2. What is an unauthorised colony according to this section?
It is a contiguous area where no permission has been obtained for the approval of layout plans or building plans, and has been identified for regularisation under the Delhi Development Authority's notification.
3. Which DDA notification identifies unauthorised colonies under this section?
It is notification number S.O. 683(E), dated the 24th March, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii).
Test yourself
Q1.According to Section 2(a), who is explicitly excluded from the definition of a resident?
Q2.Which of the following documents is NOT mentioned in Section 2(a) as a basis for proving physical possession?
Q3.Under Section 2(b), what is one of the key characteristics of an unauthorised colony?
Q4.What is the specific date of the Delhi Development Authority notification mentioned in Section 2(b)?
Q5.In which part of the Gazette of India was the DDA notification of March 2008 published?
Q6.Who is included along with the person holding physical possession under the definition of a resident?